Common use of Representations Respecting Sub-Adviser Clause in Contracts

Representations Respecting Sub-Adviser. (a) During the term of this Agreement, the Trust and the Adviser agree to furnish to the Sub-Adviser at its principal offices prior to use thereof copies of all Registration Statements and amendments thereto, prospectuses, proxy statements, reports to shareholders, sales literature or other material prepared for distribution to shareholders of the Trust or any Series or to the public that refer or relate in any way to the Sub-Adviser or any of its affiliates (other than the Adviser), or that use any derivative of the names “Franklin Mutual Advisers, LLC,” or affiliates of the Sub-Adviser or any derivative thereof or logos associated therewith (collectively, “Sub-Adviser Names”). The Trust and the Adviser agree that they will not use any such material without the prior consent of the Sub-Adviser, which consent shall not be unreasonably withheld. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use Sub-Adviser Names, except as may be permitted under a separate agreement with the Sub-Adviser or its affiliates for the provision of services to other Funds in the ING Funds complex. If the Adviser or the Trust makes any unauthorized use of a Sub-Adviser Name, the parties acknowledge that the Sub-Adviser shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Sub-Adviser shall be entitled to injunctive relief, as well as any other remedy available under law;

Representations Respecting Sub-Adviser. (a) During the term of this Agreement, the Trust and the Adviser agree to furnish to the Sub-Adviser at its principal offices prior to use thereof copies of all Registration Statements and amendments thereto, prospectuses, proxy statements, reports to shareholders, sales literature or other material prepared for distribution to shareholders of the Trust or any Series or to the public that refer or relate in any way to the Sub-Adviser or any of its affiliates (other than the Adviser), or that use any derivative of the names “"Franklin Mutual Advisers, LLC,” " or affiliates of the Sub-Adviser or any derivative thereof or logos associated therewith (collectively, “"Sub-Adviser Names”"). The Trust and the Adviser agree that they will not use any such material without the prior consent of the Sub-Adviser, which consent shall not be unreasonably withheld. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use Sub-Adviser Names, except as may be permitted under a separate agreement with the Sub-Adviser or its affiliates for the provision of services to other Funds in the ING Funds complex. If the Adviser or the Trust makes any unauthorized use of a Sub-Adviser Name, the parties acknowledge that the Sub-Adviser shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Sub-Adviser shall be entitled to injunctive relief, as well as any other remedy available under law;

Representations Respecting Sub-Adviser. (a) During the term of this Agreement, the Trust and the Adviser agree to furnish to the Sub-Adviser at its principal offices prior to use thereof copies of all Registration Statements and amendments thereto, prospectuses, proxy statements, reports to shareholders, sales literature or other material prepared for distribution to shareholders of the Trust or any Series or to the public that refer or relate in any way to the Sub-Adviser or any of its affiliates (other than the Adviser), or that use any derivative of the names “Franklin Mutual Advisers, LLC,” or affiliates of the Sub-Adviser or any derivative thereof or logos associated therewith (collectively, “Sub-Adviser Names”). The Trust and the Adviser agree that they will not use any such material without the prior consent of the Sub-Adviser, which consent shall not be unreasonably withheld. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use Sub-Adviser Names, except as may be permitted under a separate agreement with the Sub-Adviser or its affiliates for the provision of services to other Funds in the ING Funds complexVoya family of funds. If the Adviser or the Trust makes any unauthorized use of a Sub-Adviser Name, the parties acknowledge that the Sub-Adviser shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Sub-Adviser shall be entitled to injunctive relief, as well as any other remedy available under law;